CrPC Section 155-Information As To Non-Cognizable Cases And Investigation Of Such Cases

Section 155 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), provides for the procedure involved in investigating non-cognizable offences in India. It states that the police need permission from a Magistrate to start the investigation. Section 155 ensures judicial control over the investigation of non-cognisable offences by regulating the said procedure. It also prevents police from indulging in potential abuses of power. As per the Code, the Police have wide powers to investigate cognizable offences. However, the power of the Police to investigate non-cognizable offences is strictly regulated. This regulation has been introduced with a view to ensure judicial oversight and prevention of potential abuse of power. 

Legal Provision Of Section 155- Information As To Non-Cognisable Cases And Investigation Of Such Cases:

1. When information is given to an officer-in-charge of a police station of the commission within the limits of such station of a non-cognisable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.
2. No police officer shall investigate a non-cognisable case without the order of a Magistrate having power to try such case or commit the case for trial.
3. Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer-in-charge of a police station may exercise in a cognisable case.
4. Where a case relates to two or more offences of which at least one is cognisable, the case shall be deemed to be a cognisable case, notwithstanding that the other offences are non-cognisable.

Particulars Of Section 155 CrPC

• Chapter: Chapter XII
• Section in Bharatiya Nagarik Suraksha Sanhita, 2023: Section 174

Understanding Cognizable And Non-Cognizable Offences

To understand the provision under Section 155 comprehensively, it first requires a distinction between cognizable and non-cognizable offences. A cognizable offence is one where a police officer can arrest a person without a warrant and begin investigation without express permission from a Magistrate. These are generally serious offences such as murder, rape, theft, etc.

On the other hand, a non-cognisable offence is one where the police do not have the power to arrest a person without a warrant. The police have to take permission from a Magistrate before the commencement of an investigation. Non-cognisable offences basically include petty crimes such as defamation, public nuisance, and some forms of assault. The purpose of classifying offences into two categories, cognisable and non-cognisable ones, is to use the police and judicial resources proportionately, based on the gravity of the offence. 

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Essentials Of Section 155 CrPC

• Section 155(1):  Section 155(1) provides that the officer-in-charge of a police station on receipt of information of commission of a non-cognizable offence, enters the substance of the information in a record book.  The officer is duty bound to make a record of such information in a record book which must be maintained as prescribed by the State Government. After he has made the record he sends the informant to the Magistrate.
• Section 155(2): Section 155(2) categorically bars police officers to investigate the non-cognisable offence without prior order of a Magistrate. The Magistrate must have the power to try the case or commit the case for trial. By this limitation, lesser offences are prevented from being subjected to unnecessary or unwarranted police action without oversight of the court by adequately safeguarding the rights of individuals.
• Section 155(3): As per Section 155(3), the police officer is then empowered to investigate in like manner as if it were a cognizable offence except to arrest without a warrant.
• Section 155(4): Section 155(4) introduces a valuable legal provision regarding cases involving both cognizable and non-cognizable offences. When a case is related to two or more offences of which at least one is cognizable, the entire case will be deemed to be a cognizable case. it is a case related to both these kinds of offence, it would be a cognizable case. 

Implications Of Sub-Section (4): Mixed Of Cognizable And Non-Cognizable Cases

Section 155(4) is relevant because here a case involves both cognisable and non-cognisable offences. Here the entire case is treated as a cognizable case.  Police officers are free to investigate all aspects of the case without raising procedural hurdles. This in turn helps to administer justice effectively, as otherwise the separation of all the offences under one case on the basis of their being cognisable or non-cognisable may make investigations more complicated and prolong the trial.

However, this provision also raises a question about its possible misuse in the hands of the police. Judicial oversight is thus considered indispensable in preventing such abuses and ensuring that it is applied correctly.

Consequences Of Non-Compliance To Section 155 CrPC

Section 460 of the Code provides for irregularities which do not vitiate proceedings. Section 460(b) of the Code, if any Magistrate is not empowered by law to order, under Section 155, the police to investigate an offence, however, he orders for such investigation, will not vitiate the proceedings.

Non-compliance with Section 155 might result in dismissal of a case on a technicality. It can also give rise to legal challenges. The Courts can reprimand the law enforcement agencies for not acting in consonance with the provisions of Section 155 of the Code. Following the provisions of Section 155 helps maintain the integrity of the proceedings and ensures fair administration of justice.

Cases Related To Section 155 CrPC

Ram Krishna Dalmia vs. State (1957)

The Punjab-Haryana High Court, in this case examined the scope of Section 155 of the Code in the context of a case involving both cognizable and non-cognizable offences. The Court observed that the police officer investigating a cognizable offence is authorised to investigate and report any incidental non-cognizable offences arising from the facts of the main offence, even without the formal permission from a Magistrate.  

The Court held that requiring police officers to seek separate permission from Magistrate for every non-cognizable offence found incidentally during the investigation of a cognizable offence would be impracticable and unnecessary. The Court emphasised that this rule operates even if those non-cognizable offences would have normally been brought within the purview of Section 155 and would have required magistrate authorization had they been independently reported. The Court held that Section 155(1) of the Code which provides the procedure when reports of a non-cognizable offence are made to the police, and primarily said that in such a case, the information furnished to the police is related only to a non-cognizable offence.

State Of Orissa vs. Sharat Chandra Sahu & Anr (1996)

In this case, the Court dealt with the interpretation of Section 155 of the Code and decided that in all such cases wherein two or more offences are involved in which at least one offence is cognizable and rest of the offences are non-cognizable, then all the cases are held to be cognizable.

The Court observed As Follows:

• Legal Fiction: Section 155(4) creates a legal fiction as it provides for a case, which includes both cognizable and non-cognizable offences, shall be considered a single, cognizable case.
• Police Authority: In such instances, the police are authorised to investigate all offences, both cognizable and non-cognizable, based on the legal fiction established in Section 155(4) of the Code.
• Overcoming Previous Controversy: Section 155(4) of the Code was added in an effort to eliminate all controversy about the ability of the police to investigate non-cognizable offences without prior permission from a Magistrate.

Sri. Vijesh Pillai vs. The State Of Karnataka (2023)

In this case, the Karnataka High Court examined the interpretation and application of Section 155 of the Code, which relates to offences that are non-cognizable. The key holding of the Court are as follows:

• A police officer cannot initiate an investigation into a case involving a non-cognizable offence without taking the prior permission/order of the Magistrate. This should, therefore, help prevent frivolous or vexatious investigations.
• The Court clarified that either the informant (complainant) or Station House Officer (SHO) can approach the Magistrate to seek permission for investigation of a non-cognizable offence. As Section 155(1) directs the referral of the informant to the Magistrate. Section 155(2) while relating to the seeking of permission to investigate does not say who should approach the Magistrate. This view is in line with several views of the High Courts in India.
• The Court held that Magistrates should exercise their discretion judiciously while giving permission to investigate non-cognizable offences. A casual endorsement as “permitted” on a requisition without applying their minds is not sufficient and results in unnecessary litigation.
• The Court criticised this approach of the Magistrates as casual because such an approach will only delay justice for the victims of such non-cognizable offences.
• In this view, the Court issued clear directives on the handling of requisitions by the Magistrates in respect of investigating non-cognizable offences. It provides for a more reasoned and careful procedure on the part of Magistrates while giving a requisition a consideration under Section 156 of the Code. Under the directives, the Magistrates are required to record findings while ensuring that their orders reflect a proper application of mind.

Judicial Oversight In Non-Cognisable Cases

The requirement of an order from a Magistrate before investigation relates to the balance of power between the judiciary and the police. In the case of a non-cognisable case, the judiciary acts as a gatekeeper. This step ensures that police investigations are carried on only when it is necessary. It acts as a safeguard, which is essential in the context of non-cognisable offences. Wrongful investigation or abuse of authority could lead to harassment of persons over relatively minor offences.

Under Section 155 of the Code, the role of a Magistrate ensures that there is a check placed on police powers. As per the concept of Section 155, the judiciary acts as a buffer between the individual and the state. The law thereby ensures that before an investigation is ordered, an impartial judicial officer determines its necessity, thus protecting citizens from arbitrary or unnecessary intrusion by agents of the state (law enforcement).

Challenges And Criticisms Of Section 155

Though Section 155 spells out a robust framework for dealing with non-cognisable offences, it has faced criticism for being overly restrictive. The requirement of getting an order from a Magistrate for every offence has the tendency to delay the process of investigation. India has a number of cases pending in its courts, and this procedural requirement might slow down the delivery of justice. It could be worse for those cases where there is a need of timely intervention. 

The vagueness involved in deciding what constitutes “information” that needs to be recorded into the police book might lead to inconsistent implementation of the law within different states because the format for record-keeping could be individually determined by each state government. This would result in different levels of accountability and transparency in different regions.

Conclusion

Section 155 of the Code of Criminal Procedure, 1973 is essential for regulating police investigation into non-cognizable offences by requiring an order of a Magistrate before starting the investigation. This is to keep a balance wherein the power of the police is checked by the judiciary. It ensures that the rights of the individual get protected and a misuse of power does not take place. Simultaneously, this helps in concurrent handling of both cognizable and non-cognizable offences in such a way that justice does not get delayed merely due to procedural requirements. However, the strict interpretation of the rules have been subject to criticism for unduly delaying investigations. In order to tackle this issue, reforms must be incorporated in the future to achieve efficiency while maintaining judicial safeguards. In a nutshell, Section 155 of the Code forms an integral part of the legal framework of India for criminal investigations.